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(영문) 부산지방법원 2013.09.25 2013고단4296
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On May 7, 2013, at around 00:20 on May 7, 2013, the Defendant: (a) set up a mark of the limitation on transmission to prevent the sender from becoming aware of the phone number of the sender at the Defendant’s home, and (b) repeatedly called “I want to die. I want to die.”

Accordingly, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through telephone for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as letters;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Selection of a selective fine for punishment (including reflectivity and no record of criminal punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information

In light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure or notification of personal information may not be given in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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